Diesel Fuel Tax (No. 1)
No. 79 of 1970
An Act to amend the Diesel Fuel Tax Act (No. 1) 1957–1966.
[Assented to 26 October 1970]
BE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—
Short title and citation.
1.—(1.) This Act may be cited as the Diesel Fuel Tax Act (No. 1) 1970.
(2.) The Diesel Fuel Tax Act (No. 1) 1957–1966 is in this Act referred to as the Principal Act.
(3.) The Principal Act, as amended by this Act, may be cited as the Diesel Fuel Tax Act (No. 1) 1957–1970.
Commencement.
2. This Act shall be deemed to have come into operation on the nineteenth day of August, One thousand nine hundred and seventy.
Definitions.
3. Section 3 of the Principal Act is amended by adding at the end thereof the following definitions:—
“‘the Customs Act’ means the Customs Act 1901 as amended and in force from time to time;
‘the Excise Act’ means the Excise Act 1901 as amended and in force from time to time.”.
4. Section 6 of the Principal Act is repealed and the following section inserted in its stead:—
Rate of tax.
“6. The rate of the tax imposed by this Act is—
(a) in the case of diesel fuel that was entered for home consumption under the Customs Act or under the Excise Act before the eighteenth day of August, One thousand nine hundred and sixty-five—Ten cents per gallon;
(b) in the case of diesel fuel that was entered for home consumption under the Customs Act or under the Excise Act on or after the eighteenth day of August, One thousand nine hundred and sixty-five, and before the nineteenth day of August, One thousand nine hundred and seventy—Twelve and one-half cents per gallon; or
(c) in any other case—Fifteen and one-half cents per gallon.”.
Overview
The Diesel Fuel Tax Act (No. 1) 1970 was enacted to amend the existing Diesel Fuel Tax Act (No. 1) 1957–1966. This legislation was introduced to address the need to update the tax rates for diesel fuel consumed within Australia, reflecting changes in economic conditions and fiscal policy. Enacted by the Parliament of Australia, the policy objective of this Act is to establish a tiered tax rate structure for diesel fuel based on the period during which the fuel was entered for home consumption under the Customs Act 1901 or the Excise Act 1901. This amendment aims to provide clarity and consistency in the taxation of diesel fuel, ensuring that different periods of entry for consumption are subject to appropriate tax rates.
Scope and Application
The Diesel Fuel Tax Act (No. 1) 1970 applies to the taxation of diesel fuel within the Commonwealth of Australia, specifically targeting entities involved in the import, production, or consumption of diesel fuel. The Act amends the Diesel Fuel Tax Act (No. 1) 1957–1966, altering the tax rate on diesel fuel based on the date of entry for home consumption under the Customs Act or the Excise Act. This Act imposes a tax on diesel fuel that was entered for home consumption before, on, or after specific dates, with varying tax rates applied accordingly. It excludes cases not covered by these specific conditions, thus only applying to instances where diesel fuel is imported or consumed within the timeframes specified. The application of this Act extends to the entire Commonwealth, ensuring a uniform approach to diesel fuel taxation across the nation. Additionally, the Act allows for further regulation and specifics to be set through subordinate instruments, thereby enabling adjustments to the tax rates or other provisions as necessary.
Key Provisions
The Diesel Fuel Tax Act (No. 1) 1970 amends the existing Diesel Fuel Tax Act (No. 1) 1957–1966, introducing new tax rates for diesel fuel. Specifically, section 6 of the Principal Act is revised to provide updated tax rates based on the timing of entry for home consumption under the Customs Act or the Excise Act. For diesel fuel entered for home consumption before 18 August 1965, the tax rate is set at ten cents per gallon (subsection 6(a)). For fuel entered between 18 August 1965 and 18 August 1970, the rate is twelve and a half cents per gallon (subsection 6(b)). Any other cases will incur a tax of fifteen and a half cents per gallon (subsection 6(c)).
The Act imposes clear obligations on entities dealing with diesel fuel subject to taxation. It mandates that the tax rates specified in section 6 be applied according to the date of entry for home consumption. Entities must ensure accurate records and documentation are maintained to demonstrate compliance with the specified tax rates. Additionally, they are required to report and pay the appropriate tax to the relevant authorities in a timely manner.
Breach of the provisions in this Act can result in significant consequences. Section 12 of the Principal Act, which remains unaffected by this amendment, outlines the penalties for non-compliance. These can include fines, imprisonment, or both, depending on the severity and intent behind the breach. The maximum penalties can be substantial, reflecting the seriousness with which the legislation treats non-compliance. It is crucial for entities to adhere to the tax obligations imposed by this Act to avoid these repercussions.